Real-Life Communication
You are the copyright coordinator at a university library. A student
wants you to make several copies of a magazine article. He wants to sell the
copies outside of the library for $1 per copy. It is an article about great
mountain biking trails.
Read this brief section of the copyright law
and then write a note explaining to him why you are not allowed to perform
his request. Try to incorporate the three numbered points in your explanation.
Title
17, Section 108
Except as otherwise provided in this title and
notwithstanding the provisions of section 106, it is not an infringement of
copyright for a library or archives, or any of its employees acting within
the scope of their employment, to reproduce no more than one copy or phonorecord
of a work, except as provided in subsections (b) and (c), or to distribute
such copy or phonorecord, under the conditions specified by this section,
if -
(1) the reproduction or distribution is made without any purpose
of direct or indirect commercial advantage;
(2) the collections of
the library or archives are (i) open to the public, or (ii) available not
only to researchers affiliated with the library or archives or with the institution
of which it is a part, but also to other persons doing research in a specialized
field; and
(3) the reproduction or distribution of the work includes
a notice of copyright that appears on the copy or phonorecord that is reproduced
under the provisions of this section, or includes a legend stating that the
work may be protected by copyright if no such notice can be found on the copy
or phonorecord that is reproduced under the provisions of this section.